DOB: 06-19-1965 DOC#: 850552 Black Male

Lake County Superior Court
Judge Richard W. Maroc

Prosecutor: Tom Jackson, Kathleen O'Halloran

Defense: Cornell Collins, Daniel L. Toomey, Hamilton Carmouche

Date of Murder: November 28, 1983

Victim(s): Hal Fuller B/M/65; Margaret Fuller B/F/63 (Acquaintances of Townsend)

Method of Murder: stabbing with a steak knife 10 times (Hal) and 9 times (Margaret)

Summary: The bodies of Hal and Margaret Fuller were discovered in their home with multiple stab wounds. Mr. Fuller's open wallet was found at his feet and a serrated steak knife with blood was found in the driveway. The Fuller's car was found abandoned two days later. The girlfriends of Phillip McCollum and Johnny Townsend gave statements that they had driven in a similar car with McCollum and Townsend, that they had picked up a radio to sell, and that Townsend had a cut hand. Bloody clothing was later recovered from their residence. Both Townsend and McCollum gave remarkably similar statements to police. They said they went to the Fuller home and talked for awhile. When Mr. Fuller started to use the phone, Townsend stabbed him in the back. McCollum then started stabbing Mrs. Fuller, who cried out "Please don't kill me." McCollum told her to shut up and kept on stabbing her. When Townsend asked for help with Mr. Fuller, he stabbed him in the chest to finish him off. They found no money, but took a radio, stole the Fullers' car, and fled.

Conviction: Murder, Felony-Murder

Sentencing: March 8, 1985 Death Sentence (McCollum); Death Sentence (Townsend)

Aggravating Circumstances: b (1) Robbery, b (8) 2 murders

Mitigating Circumstances: 18 years old and single at the time of the murder, no prior criminal record

Direct Appeal:
Townsend v. State, 533 N.E.2d 1215 (Ind. February 14, 1989)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Shepard, Debruler, Givan, Dickson concur.

Joint Trial and Appeal (Both McCollum and Townsend Received DP)

Townsend v. Indiana, 110 S. Ct. 1327 (1990) (Cert. denied)

McCollum v. Indiana, 110 S. Ct. 2633 (1990) (Cert. denied)
McCollum v. Indiana, 111 S. Ct. 9 (1990)(Rehearing denied)

PCR:
11-13-90 Townsend PCR filed; Denied by Special Judge Richard Conroy 04-10-95

07-08-91 McCollum PCR filed; Denied by Special Judge Richard Conroy 04-10-95

04-29-99 While appeal pending, parties entered into agreement. Judge Richard W. Maroc modified sentence of both McCollum and Townsend to 60 years consecutive on each count, for a total sentence of 120 years.)

As of July 1, 2006